NY

CL

A

CL

E

IN

ST

IT

UT

E

HOW TO AVOID ETHICAL TROUBLES IN YOUR LAW

PRACTICE Prepared in connection with a Continuing Legal Education course presented at New York County Lawyers’ Association, 14 Vesey Street, New York, NY

scheduled for July 10, 2015

Faculty:

Natalie Mackiel, Labaton Sucharow LLP; Richard Maltz, Frankfurt, Kurnit, Klein& Selz,

PC

This course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 2 Transitional and Non-Transitional credit hours: 2 Ethics

This program has been approved by the Board of Continuing Legal education of the Supreme Court of New Jersey for 2 hours of total CLE credits. Of these, 2 qualify as hours of credit for ethics/professionalism, and 0 qualify as hours of credit toward certification in civil trial law, criminal law, workers compensation law and/or matrimonial law.

ACCREDITED PROVIDER STATUS: NYCLA’s CLE Institute is currently certified as an Accredited Provider of continuing legal education in the States of New York and New Jersey.

Information Regarding CLE Credits and Certification

How to Avoid Ethical Troubles in Your Law Practice July 10, 2015; 3:20 PM to 5:00 PM

The New York State CLE Board Regulations require all accredited CLE providers to provide documentation that CLE course attendees are, in fact, present during the course. Please review the following NYCLA rules for MCLE credit allocation and certificate distribution.

i. You must sign-in and note the time of arrival to receive your

course materials and receive MCLE credit. The time will be verified by the Program Assistant.

ii. You will receive your MCLE certificate as you exit the room at

the end of the course. The certificates will bear your name and will be arranged in alphabetical order on the tables directly outside the auditorium.

iii. If you arrive after the course has begun, you must sign-in and note the time of your arrival. The time will be verified by the Program Assistant. If it has been determined that you will still receive educational value by attending a portion of the program, you will receive a pro-rated CLE certificate.

iv. Please note: We can only certify MCLE credit for the actual time

you are in attendance. If you leave before the end of the course, you must sign-out and enter the time you are leaving. The time will be verified by the Program Assistant. Again, if it has been determined that you received educational value from attending a portion of the program, your CLE credits will be pro-rated and the certificate will be mailed to you within one week.

v. If you leave early and do not sign out, we will assume that you left at the midpoint of the course. If it has been determined that you received educational value from the portion of the program you attended, we will pro-rate the credits accordingly, unless you can provide verification of course completion. Your certificate will be mailed to you within one week.

Thank you for choosing NYCLA as your CLE provider!

New York County Lawyers’ Association

Continuing Legal Education Institute 14 Vesey Street, New York, N.Y. 10007 • (212) 267-6646

How to Avoid Ethical Troubles in Your Law Practice July 10,, 2015

3:20 PM – 5:00 PM

AGENDA 3:20 PM to 5:00 PM How to Avoid Ethical Troubles Richard Maltz, Frankfurt, Kurnit, Klein & Selz, PC Natalie Mackiel, Labaton Sucharow LLP 2 Ethics

RICHARD M. MALTZ, ESQ. 488 MADISON AVENUE -10TH FLR

NEW YORK, NY 10022 (212) 705-4804

(212) 347-438-2087 (fax)

rmaltz@fkks.com www.maltz-law.com

PROFESSIONAL EXPERIENCE

RICHARD M. MALTZ, PLLC 488 Madison Avenue, New York, NY 10022

• Professional Disciplinary Matters • Ethics Consulting • Partnership Issues • Litigation relating to lawyers and former law firms • Litigation relating to lawyers and former clients • Admissions • Fee Disputes • Charging Liens • Disqualification motions • Sanctions • Expert Testimony • Law Firm CLE programs

DEPARTMENTAL DISCIPLINARY COMMITTEE Appellate Division, First Department 61 Broadway, New York, NY 10006 First Deputy Chief Counsel (1998 to 2000) Deputy Chief Counsel (1989 to 1998) Staff Attorney (1987 to 1989)

• Investigated and prosecuted cases involving fraud, corrupt financial transactions, improper litigation practices, conflicts of interest, neglect, incompetence and criminal activity

• Conducted motion practice before the Appellate Division and Court of Appeals • Supervised 21 attorneys conducting disciplinary investigations and litigation • Supervised support staff including: investigators, paralegals, secretaries, computer

operators and law students • Managed office operations including responsibility for: computer network; computer

investigation applications; maintenance of more than 50,000 files; screening more than 1,400 complaints a year; liaison with other grievance committees; supervised litigation brought against committee and staff attorneys; created office manual; and supervised statistical analysis of office case load for Appellate Division

• Special Projects: Conducted mass registration project which involved a suspension motion against 5,200 attorneys; assisted Appellate Division with CLE programs; initiated computerized file retrieval system

2

STEPHEN P. SCARING, P.C. 114 Old Country Road, Mineola, NY 11501

Associate Attorney (1985 – 1987) • Handled all aspects of complex white collar prosecutions in federal and state courts

from investigation through trial • Responsible for a variety of civil litigation, including investigation, discovery and motion

practice

LEGAL AID SOCIETY – CRIMINAL DEFENSE DIVISION 120-34 Queens Blvd, Kew Gardens, New York 11415 Staff Attorney (1981 – 1984)

• Represented defendants through all phases of the criminal justice system. • Conducted numerous Supreme Court jury trials.

LEGAL AID SOCIETY OF ROCKLAND COUNTY, INC. 2 Congers Road, New City, New York 10956 Staff Attorney (1979 – 1981)

• Responsible for a variety of civil cases before the Appellate Division, State Supreme Court, Federal District Court, Family Court and Administrative Law Judges.

PROFESSIONAL ORGANIZATIONS

NEW YORK CITY BAR Committee on Professional Responsibility (2008-2011)

• Co-Chair, Subcommittee on In-house Counsel Rule Chair, Committee on Professional Responsibility (2002-2005) Committee on Professional Responsibility (1999-2002) Committee on Professional and Judicial Ethics (1993 to 1996; 2005-2008; 2011-2014)

• Drafted Formal and Informal Ethics Opinions Committee on Criminal Advocacy (1989 to 1992) NEW YORK STATE BAR ASSOCIATION Task Force on Lawyer Advertising

• Appointment to Ad Hoc Committee to Study Lawyer Advertising (2005-2006) Committee on Professional Discipline (1989 to 1992; 1997 to Present)

• Report on Ethics 2000- Model Rule 1.13 • Report on COSAC Rule 1.7 • Report on Confidentiality of Disciplinary Proceedings • Report on Attorney Registration

Committee on Attorney Professionalism (2000 to 2002) NEW YORK STATE TRIAL LAWYERS Founding member and Chair (2007 – 2009) WESTCHESTER COUNTY BAR ASSOCIATION Chair, Committee on Professional Ethics (2002-2007)

3

NEW YORK STATE ASSOCATION OF DISCIPLINARY LAWYERS President (1998 to 2000) Vice President (1995 to 1998) Treasurer (1987 to 1993) NEW YORK COUNTY LAWYERS’ ASSOCIATION Co-Chair, Committee on Professional Ethics (2012-present) Committee on Professional Ethics (2004-2008) Board of Advisors, Ethics Institute (2008; 2013 - present) QUEENS COUNTY BAR ASSOCIATION Committee on Professional Ethics (1988 to 1990)

PUBLICATIONS

EXCESSIVE FEES REVISITED: ENFORCEMENT OF LUCRATIVE RETAINERS AFTER “LAWRENCE” New York Legal Ethics Reporter, 1/1/2015 NEW YORK LEGAL ETHICS REPORTER Member of the Editorial Board ESCROW ACCOUNTS AFTER “GALASSO”: YOU ARE YOUR BROTHER’S KEEPER New York Law Journal, 7/28/2014, p. 4, col. 4

THE NEW YORK RULES OF PROFESSIOINAL CONDUCT Oxford University Press, Ed. 2010 Contributing Editor, Chapter: Fees AVOIDING ETHICIAL DILEMMAS FOR SOLO AND SMALL FIRM PRACTITIONERS New York Law Journal, 9/26/05, p. S-2, col. 2

ATTORNEY PROFESSIONAL FORUM New York State Bar Association Journal June 2003, p. 51 PROFESSIONAL DISCIPLINE: THE HIDDEN DANGER OF DISQUALIFICATION New York Law Journal, 12/9/2002, p. 4, col. 4 SEXUAL RELATIONS WITH CLIENTS, New York Law Journal, 7/25/95, p. 1, col. 1 IMPACT OF A CRIMINAL CONVICTION ON THE RIGHT TO PRACTICE LAW New York Law Journal, 9/29/90, p. 1, col. 1 LAWYER-CLIENT BUSINESS TRANSACTIONS: CAVEAT COUNSELOR 3 Georgetown Journal of Legal Ethics 291 (Fall 1990)

EDUCATION

BENJAMIN N. CARDOZO SCHOOL OF LAW – YESHIVA UNIVERSITY 55 Fifth Avenue, New York, New York 10003 Juris Doctor: June 1979

4

ADMITTED TO PRACTICE

New York State (1980) Federal District Court for the Southern District of New York (1980) Federal District Court for the Eastern District of New York (1980) United States Court of Appeals for the Second Circuit (1988) United States Supreme Court (1988)

EXPERT

Nimkoff v. RKO Properties (SDNY) Zweibach v. Vogel (Sup. Ct. New York City) Atlantis Medical Supply v. Allstate (Civil Ct. New York Cty) Alicanti v. Bianco (Sup. Ct. Nassau Cty) PNE v. Cistrone (Sup. Ct. New York Cty) People v. Crispino (Sup. Ct. New York Cty) People v. Erdheim (Sup. Ct. New York Cty)

SIGNIFICANT CASES

King v. Fox 7 N.Y.3d 181 (2006) King v. Fox, 418 F.3d 121 (2nd Cir. 2005) In Re Holley (Sullivan & Cromwell), 285 A.D.2d 216 (1st Dept. 2001) In Re Bruce Cutler, 227 A.D.2d 8 (1st Dept. 1996) In Re C. Vernon Mason, 208 A.D.2d 1 (1st Dept. 1995) In Re William Kuntsler, 194 A.D.2d 233 (1st Dept. 1993) In Re Harvey Myerson, 182 A.D.2d 242 (1st Dept. 1992) In Re Morris Eisen, 174 A.D.2d 141 (1st Dept. 1992) In Re Johnson, 75 N.Y.2d 403 (1990) In Re Mario Biaggi, 146 A.D.2d 150 (1st Dept. 1989) In Re Richard Biaggi, 146 A.D.2d 148 1st Dept. 1989) In Re Clarence White, 127 M.2d 219 (Sup Ct. 1984)

PROFESSIONAL ACTIVITIES

BRIARCLIFF MANOR ETHICS BOARD Chair (2004-2007) NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT Referee (2002-2007)

TEACHING POSITIONS

CERTIFIED N.Y.S. CONTINUING LEGAL EDUCATION PROVIDER

• Routine Ethical Problems with Aggressive Lawyering (2002 -2005; 2006- 2008) • Identifying and Resolving Conflicts of Interest (2000 – 2005)

BENJAMIN N. CARDOZO SCHOOL OF LAW – YESHIVA UNIVERSITY • Adjunct Professor of Law – Professional Responsibility (2004)

5

• Faculty Member, Intensive Trial Advocacy Program (January 1988 to 2004) • Forum Panel Member for Professional Responsibility Classes (Summers 1988 to 1998) • Lecturer, Trial Advocacy Class (September 1992 to 1995)

NEW YORK UNIVERSITY – PARALEGAL PROGRAM • Created curriculum and taught Professional Responsibility (1990 to 1991)

NEW SCHOOL FOR SOCIAL RESEARCH – PARALEGAL PROGRAM

• Created curriculum and taught criminal law (1987 to 1988)

SEMINARS

WESTCHESTER COUNTY BAR ASSOCIATION

• Ethical Pitfalls for Litigators (June 2015) PRACTISING LAW INSTITUTE

• Staying Out of Trouble: What Every Attorney Must Know About Ethics (December 2014) NEW YORK COUNTY LAWYERS ASSOCIATION

• New York Bridge the Gap (December 2014) CITY BAR CENTER FOR CLE

• Ethics for Advertising Lawyers (October 2014) BRONX COUNTY BAR ASSOCIATION

• Contingency Fee Rule Change in Personal Injury & Wrongful Death Cases (June 2014)

NEW YORK STATE TRIAL LAWYERS ASSOCIATION • Contingency Fee Rules Change (March 2014)

PRACTISING LAW INSTITUTE

• Staying Out of Trouble: What Every Attorney Must Know About Ethics (December 2013) BROOKLN BAR ASSOCIATION

• Money Laundering: How to Advise Commercial Clients about “Dirty Money” (November 2013)

PACE LAW SCHOOL

• Attorney Discipline and Professional Responsibility Update 2013 (October 2013) NEW YORK COUNTY LAWYERS’ ASSOCIATION

• Hot Ethical Topics in Tort Law (April 2013)

CITY BAR CENTER FOR CLE • Ethical Dangers of Lawyers Using Technology and Social Media (January 2013)

PACE LAW SCHOOL

• Ethical Considerations of an Aggressive Litigation (December 2012) PRACTISING LAW INSTITUTE

• Staying Out of Trouble: What Every Attorney Must Know About Ethics (December 2012)

6

NEW YORK COUNTY LAWYERS ASSOCIATION • Bridge the Gap 2 (August 2012)

LAWLINE

• Going for Broke: Bankruptcy Law Ethics (July 2012) CITY BAR CENTER FOR CLE

• Ethical Boundaries for Litigators (December 2011)

PRACTISING LAW INSTITUTE • Staying Out of Trouble: What Every Attorney Must Know About Ethics (December 2011)

NEW YORK COUNTY LAWYERS’ ASSOCIATION

• Ethical Issues Confronted During Litigation (October 2011) APPELLATE DIVISION, SECOND DEPARTMENT

• Orientation to the Profession Program (June 2011) CITY BAR CENTER FOR CLE

• Ethical Issues Routinely Confronted by Solos and Small Firm Practitioners (October 2010)

CITY BAR CENTER FOR CLE

• Bridge-the-Gap: Corporate & Litigation Escrow Account Program (September 2010) IMMIGRATION CLE

• Recent Trends in Ethical Issues Confronting Immigration Practitioners (July 2010)

LAW SEMINARS INTERNATIONAL • Ethical Attorney Advertising and Solicitation (April 2010)

NEW YORK STATE BAR ASSOCIATION

• Introductory Lessons on Ethics and Civility for 2010 (April 2010)

CITY BAR CENTER FOR CLE • Staying Out of Trouble: What Every Attorney Must Know About Ethics 2009 (December

2009)

CITY BAR CENTER FOR CLE • Ethical Issues Routinely Confronted by Solos and Small Firm Practitioners (October

2009) PACE LAW SCHOOL

• Ethical Issues Routinely Confronted by Solos and Small Firm Practitioners (September 2009)

CITY BAR CENTER FOR CLE

• Current Ethical Rules for the Entertainment Lawyer (June 2009)

CITY BAR CENTER FOR CLE • Out With the Code, In With the Rules: What’s New About the New Ethics Rules and

What’s Not (April 2009)

7

STATE BANK OF LONG ISLAND • Escrow Account Management and the New Rules (March 2009)

PRACTISING LAW INSTITUTE

• Staying Out of Trouble: What Every Attorney Must Know About Ethics (December 2008) BROOKLYN LAW SCHOOL

• Criminal Law, Procedure & Evidence (December 2008) CITY BAR CENTER FOR CLE

• Current Ethical Issues for the Entertainment Lawyer in Music, Film, Television & Theatre (June 2008)

PRACTISING LAW INSTITUTE

• 20th Annual Elder Law Institute (February 2008) NEW YORK STATE BAR ASSOCIATION

• Ethics and Professionalism (November 2007)

CITY BAR CENTER FOR CLE • Practical Solutions to Routine Ethical Issues (November 2007)

AMERICAN CONFERENCE INSTITUTE

• Law Firm Marketing Ethics for Senior-Level Executives: Complying with New York’s New Attorney Rules (June 2007)

WESTCHESTER COUNTY BAR ASSOCIATION

• Ethics Issues for Real Estate Practitioners (March 2007) PRACTISING LAW INSTITUTE

• 19th Annual Elder Law Institute (February 2007)

NEW YORK STATE BAR ASSOCIATION • Ethics and Professionalism (December 2006)

ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK

• Ethical Issues Routinely Confronted by Solo and Small Firms Practitioners (June 2006) BAY RIDGE LAWYERS ASSOCIATION

• Ethical Perils of Small Firms & Solo Practitioners (February 2006) PRACTICING LAW INSTITUTE

• Bridge the Gap II: Ethics and Skills for Newly Admitted Attorneys (April 2006)

NEW YORK STATE BAR ASSOCIATION

• Ethics and Professionalism (December 2005) FORDHAM UNIVERSITY SCHOOL OF LAW

• Ethical Issues Facing Solo, Start-up and Small Firm Practitioners (December 2005) NEW YORK STATE BAR

• Ethics for Litigators and Trial Lawyers (November 2005)

8

BROOKLYN BAR ASSOCIATION • Ethical Perils of Small Firms and Solo Practitioners (November 2005)

PRACTISING LAW INSTITUTE

• Law Firm Ancillary Business Ventures 2005: Strategic, Ethical and Liability Issues You Need to Know (July 2005)

ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK

• Ethical Perils & Pitfalls Facing Start-up & Small Firm Practitioners (May 2005) ROCKLAND COUNTY BAR ASSOCIATION

• Practical Considerations with Respect to Ethics and Professional Responsibility (November 2004)

NEW YORK COUNTY LAWYERS’ ASSOCIATION • Professional Responsibility in the Age of the Internet – Ethical Implications of Using

Digital Technology (November 2004) NEW YORK STATE BAR ASSOCIATION

• Hot Topics in Landlord and Tenant Practice (September 2004)

WESTCHESTER COUNTY BAR ASSOCIATION • Dealing with Day-to-Day Ethical Problems: Identifying and Resolving Ethical Issues on

Your Own (April 2004)

RIVKIN RADLER • Avoiding Disqualification, Law Suits and Grievances Due to Hidden Conflicts

(January 2004)

PRACTICING LAW INSTITUTE • Staying out of Trouble 2003: What Every Attorney Must Know About Ethics

(December 2003)

WESTCHESTER COUNTY BAR ASSOCIATION • Maintaining Attorney Escrow Accounts and Responding to Grievance Complaints

(October 2003)

ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK • Talking to the Media (November 2002)

NEW YORK STATE BAR ASSOCIATION • Ethics for Corporate Counsel (October 2002)

WESTCHESTER COUNTY BAR ASSOCIATION

• Ethics and Law Firm Management (October 2002) ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK

• Talking to the Media (November 2002) ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK

• Program Creator, Chair & Moderator: Ethical Considerations for Corporate Investigations- Update (September 2002)

NEW YORK STATE BAR ASSOCIATION

• Keeping to the Straight and Narrow: Ethical Issues for Civil Litigators (June 2002)

9

NEW YORK STATE BAR ASSOCIATION • Ethical Issues Facing Landlord & Tenant Practitioners (July 2001)

ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK

• Program Creator, Chair & Moderator: Ethical Consideration for Corporate Investigations (May 2001)

BROOKLYN BAR ASSOCIATION

• Aggressive Lawyering (April 2001) NATIONAL EMPLOYMENT LAWYER’S ASSOCIATION

• Current Ethical Issues Facing Employment Lawyers (March 2001) NEW YORK STATE BAR, CORPORATE COUNCEL SECTION

• Ethics for Corporate Counsel (October 2000) LAW JOURNAL SEMINARS

• Ethics in Aggressive Litigation – The Rules of Engagement (October 2000) • Ethical Challenges in Maximizing Revenues: Billing, Conflicts & Client Management

(October 2000) MICLE CONTINUING EDUCATION

• Basic Ethics (October 2000) PRACTICING LAW INSTITUTE

• Lecturer: Bridge the Gap (August 2000-2003) LAW JOURNAL SEMINARS

• Avoiding Ethical Pitfalls Facing Experienced Practitioners (October 1999)

NEW YORK STATE BAR ASSOCCIATION, Professionalism Section of Real Property Committee • Client Files and Work Product – Sage Realty v. Proskauer (January 1998)

WESTCHESTER WOMEN’S BAR ASSOCIATION

• Managing to Avoid Ethical Problems in Your Legal Career (March 1997) ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK

• Temper in the Court: A Forum on Judicial Civility, 23 Fordham Urban Law Journal 709 (1996)

NEW YORK COUNTY DISTRICT ATTORNEY’S OFFICE

• Ethical Problems for Prosecutors (Spring 1995 to 2000) WESTCHESTER COUNTY BAR ASSOCIATION, COMMITTEE ON CRIMINAL PRACTICE

• Ethical Pitfalls of Criminal Practice (Fall 1994) NEW YORK COUNTY LAWYERS’ ASSOCIATION

• Safeguarding Your Practice (April 1992)

ATTORNEY PROFILE

Practice Areas

Securities Litigation

Client Monitoring & Case Evaluation

Education

University of Nebraska College of LawJ.D., with distinction, 2005

Kelley School of Business at Indiana UniversityB.S., 2002

Admissions

2006, New York

2005, Nebraska

U.S. District Court2008, Southern District of New York2008, Eastern District of New York2005, District of Nebraska

Natalie M. Mackiel focuses her practice on representing institutional investors in complex securities fraud matters, with an emphasis on the identification and analysis of emerging cases.

Prior to joining Labaton Sucharow, Natalie was an associate at a national litigation firm primarily focused on securities and consumer class action litigation. She was a member of the co-lead counsel team representing a worldwide class of investors in feeder funds that served as the largest source of financing to Bernard Madoff’s Ponzi scheme in Anwar, et al., v. Fairfield Greenwich Limited.

Natalie received her J.D. from the University of Nebraska College of Law, with distinction, and was an Executive Editor of the Nebraska Law Review. She received her B.S. from the Kelley School of Business at Indiana University.

Natalie is the co-chair of the Professional Discipline Committee of the New York County Lawyers’ Association and an appointed member of the NYCLA Task Force on Professionalism and Committee on Committees.

Ongoing Cases

Solazyme, Inc.

Published & Presented

New York County Lawyers’ Association, NY Bridge the Gap (Panelist) (07/10/2015)

Natalie M. MackielAssociate

email: nmackiel@labaton.com

t: 212-907-0829

f: 212-883-7529

The materials appearing on this website are provided for informational purposes only and do not constitute legal advice. You should not take action based upon this information without consult-ing legal counsel. This site is not intended to create an attorney-client relationship. The hiring of a lawyer is an important decision that should not be based solely upon any single source of information, including advertising on this website. You may ask us to send you further information about us, and we urge you to review other sources of information about us.

Copyright © 2015 Labaton Sucharow LLP. All rights reserved.

How to Avoid Ethical Troubles in Your Practice

Richard Maltz Natalie Mackiel

Professionalism

• The legal profession is largely self-governing, and this autonomy carries with it special responsibilities, including adherence to Rules of Professional Conduct and aiding in securing their observance by other lawyers.

• A lawyer is a representative of clients – assumes the role of

advisor, advocate, negotiator and evaluator. • A lawyer is an officer of the legal system – has duties to

uphold the legal process, to demonstrate respect for the legal system, to seek improvement of the law and to promote access to the legal system and the administration of justice.

Supervision

• Law firms shall make reasonable efforts to ensure that all lawyers in the firm conform to the Rules.

• A Supervising Lawyer is responsible for a violation of the Rules by another lawyer if: – The supervising lawyer directs specific conduct , or with

knowledge of the misconduct ratifies it; or – The lawyer has managerial or supervising authority over

the offending lawyer; • and knows of the misconduct and could have taken remedial

action, but refused; or • in the exercise of reasonable management or supervision should

have known of the conduct so that reasonable remedial action could have been taken.

Case Example

In re Gilly, 976 F. Supp. 2d 471, 473 (S.D.N.Y. 2013); In re Filosa, 976 F. Supp. 2d 460, 462 (S.D.N.Y. 2013)

“[t]he fact that [Associate] simply did not realize at the time that his actions were unethical does not insulate him from a finding that he violated the Rules.”

Mentoring

• Professional Development • Networking • Relationship Building • Morale • Malpractice Reduction

Matter of Galasso “Had respondent been more careful in supervising the accounts and his employee, he would have been aware of the malfeasance at a much earlier time when he could have substantially mitigated the losses.”

Matter of Galasso “That respondent has acted without venality can be a factor considered in mitigation, but is not probative of whether he has failed to preserve client funds”

Matter of Galasso “This is not to say that attorneys are prohibited from delegating certain tasks to firm employees, but any delegation must be made with an appropriate degree of oversight. We stress that it is the ethical responsibility of the attorney—not the bookkeeper, the office manager of the accountant—to safeguard client funds.”

Matter of Galasso “Anthony Galasso had devised a relatively sophisticated system and his fraud went undetected by the attorneys and accountant reviewing the documents he produced.”

RULE 1.5 FEES AND DIVISION OF FEES

The factors to be considered in determining whether a fee is excessive may include the following: (1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; (2) the likelihood, if apparent or made known to the client, that the acceptance of the particular employment will preclude other employment by the lawyer; (3) the fee customarily charged in the locality for similar legal services; (4) the amount involved and he results obtained; (5) the time imitations imposed by the client or by circumstances; (6) the nature and length of the professional relationship with the client; (7) the experience, reputation and ability of the lawyer or lawyers performing the services, and;